Terms of Use (FranDo CLOUD)

These Terms of Use (the "Terms") set out the compliance with the use of FranDo CLOUD provided by FranDo (legal name: Biz Rise Co., Ltd., hereinafter the "Company") and the rights and obligations between the Company and the User.

Article 1 (Definition)

These Terms include FranDo CLOUD developed and provided by the Company (including the revised Service if the name or content of the Service is changed). The "Service") is a relationship between the Company and all users who use the Service (hereinafter described as the "User"). The Service means communication, CRM, sales analysis, marketing functions, etc. provided on FranDo CLOUD, including all functions provided in the Management Screen.

Article 2 (Terms of Use)

The Company registers as a User after the User has viewed and agreed to these Terms in accordance with Article 3. In addition, the Company shall be free to change the contents of these Terms of Use without prior notice at the discretion of the Company as necessary. In addition, if the User changes these Terms of Use, the User shall be notified of the changes, and if the User uses the Service after the notification of such changes, or if the User fails to take the procedures for deleting the account specified by the Company within the period specified by the Company, the User shall be deemed to have agreed to the change of these Terms.

Article 3 (Application for Use)

1. The Service will be available by registering as a user in the method specified by the Company and by accepting the registered contents of the Service. In addition, the Company may refuse or cancel the user's registration due to the reasons for the article below.

(1) When using false information
(2) When the Company determines that there is a risk of violation of these Terms of Use.
(3) A person who has been refused or withdrawn from use and the like, on the reason that he / she has violated these Terms of Use or other terms of use stipulated by the Company in the past.
(4) When there is a significant hindrance to the company's business execution or technology.
(5) Antisocial forces (gangsters, gang members, right-wing groups, antisocial forces, and other similar persons) or when the Company determines that it is engaged in any interaction or involvement with antisocial forces, such as cooperating with or involving in the maintenance, operation, or management of antisocial forces, etc. through funding or other means.
(6) When there is a risk of failure to fulfill monetary obligations or other obligations based on these Terms and the like.
(7) Other cases that the Company deems inappropriate.

2. When the Company refuses to register with a user who has applied to use the Service in accordance with the preceding section, the Company shall notify the Company of the e-mail address (hereinafter referred to as the "e-mail address") notified by the User in accordance with Article 1 of this Article within 5 business days from the date of application.) will be notified. The User agrees that no notification will be made to an email address other than this e-mail address, and that the Company shall not be liable or reveal the reasons for refusal by the Company if the User is not notified based on a mistake in the e-mail address or other reasons not at the company's responsibility.

3. If there is a change in the registered information, the User shall promptly perform the change procedure through the Service.

4. The Company shall not be liable for any damage caused by the fact that the change registration was not made. In addition, even if a change registration is made, transactions that have already been processed before the change registration will be made based on the information before the change registration.

Article 4 (Access Rights)

1. The Company shall grant the User access to the Service by the e-mail address held by the User and the password specified. However, if the user wishes to use the Company's paid service after granting access rights, the paid service will not be available until the selection of the payment method stipulated in Article 10 section 3 and the performance of the payment procedure stipulated in section 1 of the same Article can be confirmed.
2. It is the user's responsibility to manage the email address and password. If your email address is used without permission, or if your email address and password are leaked to a third party, please contact us immediately. However, the Company does not guarantee any damage caused by leakage, unauthorized use, and the like of e-mail addresses and passwords.
3. Based on the company's arbitrary judgment, you can change the contents of the functions provided in the Service at any time without notifying the user. The Company shall not be liable for any damages incurred in this case.
4. The User agrees that access to the Service shall be granted, and that no rights such as ownership, copyright, or other intellectual property rights will be acquired with respect to any of the rights provided by the Service.
5. The Company may access the user's management screen at any time for the purpose of managing the Service without notifying the User. The Company shall not be liable for any damages incurred in this case.

Article 5 (Agreement)

When using the Service, the User agrees to the matters stipulated in the following items.

(1) The Company shall not guarantee that the Service will operate normally for all loads and others and the User shall provide the Target Equipment (infrastructure facilities and the like) for providing the Service. If the Company determines that the load is continuously under high load, the cause of the high load must be removed in accordance with our instructions.
(2) If the Company determines that a high load will have a significant impact on the operation of the target equipment, the Company may temporarily suspend the use of part or all of the Service without prior notice to the User.
(3) In the event that data stored on the server is damaged for any reason, the Company will not provide a service to restore it, and will not be liable for any damage caused to the user as a result. In addition, the Company recommends that users periodically reproduce the data and the like in preparation for damage.
(4) The User may use the Service based on the Usage Agreement, and does not acquire intellectual property rights or other rights related to the Service.
(5) The preparation and maintenance of computers, software and other equipment, communication lines, and other communication environments necessary for receiving the Service shall be at the user's expense and responsibility.
(6) If the prohibited acts specified by the Company are confirmed, measures for data deletion can be taken at the company's judgment.
(7) The Company may publish the user's use or use of the Service for the purpose of advertising, promoting, and others of the Company and the Service. However, when publishing, the Company will notify the user in advance that the user will be made public.
(8) The means of communication between the Company and the user after the registration of the e-mail address and password shall be smart messages or e-mails provided by the Service, and the user shall always be in a state where they can contact the Company by smart message or e-mail.
(9) Technical support for the Service shall be from 11:00 to 17:00 on weekdays. (Excluding Saturdays, Sundays, and holidays and regular holidays established by the Company.)

Article 6 (Subdomain)

When using the paid extension of the Service, the company assigns a subdomain to the user. The subdomain shall be arbitrarily specified by the user in half-width alphanumeric characters, but you agree that you cannot use the subdomain if there is already a subdomain name that other users have the right to use.

Article 7 (Handling of Personal Information)

1. In addition to these Terms of Use, the Company handles the personal information of users in accordance with the Privacy Policy.
2. Before using the Service or browsing the Service, the User shall always confirm the Privacy Policy on the Service, agree to the contents thereof, and use the Service.
3. As a standard feature of the Service, users can search for other users, send and receive contact requests, and use smart messages between users who have been contacted by them, but their email addresses and mobile phone numbers will not be exposed to them. In the process of using smart messages, it is possible to block contact from the other party, but do not perform inappropriate acts such as slander that cause damage to the other party. In addition, the Company shall not be liable for any troubles between users.
4. The User shall be able to import or export the contact list held by the User in the use of paid extension of the Service. However, the Company shall not be liable for any damage to users or users customers due to depositing or providing personal information and the like to a third party based on the Privacy Policy. The User shall use the Service after fully recognizing the contents of this Article.

Article 8 (Acquisition of Data and the like)

In order to maintain and improve the maintenance and quality of the Service, the Company has established access analysis tags and user behavior analysis tools for the Service, thereby shall be able to collect cookie information and others and use it to the extent necessary for providing the Service (including disclosure as statistical data and use as functional feedback to the Company's services and the like.) Our privacy policy and cookie policy.

Article 9 (Backup)

The Company will use commercially reasonable levels of care in providing the Service, and will do its best to ensure that users can use the Service, and will retain registration information, smart message history, and other information on the Service for a period of time determined by the Company. However, the Company makes no guarantee whatsoever in the event that such data is not saved or backed up due to system or equipment failure.

Article 10 (Fees)

1. The fees for the Service will be notified and announced in a way that the Company deems appropriate. In addition, the price may vary depending on the region and others classified by the Company, and the Company may change the price of the fee after notifying the user by e-mail at least 3 months in advance. The payment of the fee for this service shall be by credit card payment or bank transfer.
2. If the Company and the User separately agree on the provisions set forth in the preceding section, the Company shall make a contract based on the agreement.
3. When using the paid service, the user shall pay the usage fee to the Company in advance according to the conditions and methods described in the application form and the like.
4. Even if the user registration is canceled after the start of use, the usage fee received by the Company shall not be refunded for any reason.
5. The issuance of receipts shall be a substitute of the issuance of statement issued by the card company.
6. As the Service is currently provided from Japan, the fee for the Service by users outside of Japan are not taxable.
7. If the user wishes to make a bank transfer, the remittance fee will be borne by the user.
8. If the user wishes to mail the invoice, the Company shall charge actual expense separately as an issuance fee.

Article 11 (Unconfirmed Payment)

1. If the Company is unable to confirm the payment by the User (Section 1 of the previous Article), the Company may suspend the provision of the Service upon the arrival of the user's available final date.
2. In accordance with Article 9, registration information, smart message history and the like in the Service shall be retained for a period specified by the Company, the Company shall not be liable at all even if the data and others have not been stored, backed up and others due to system failure, equipment failure and the like regardless of before or after the suspension of provision of the Service.

Article 12 (Period of Use)

1. The period of use of the paid service shall be one month from the start date of use (12 months in the case of annual payment), and if the user does not cancel the cancellation procedure, it shall be automatically renewed for the same period unless otherwise specified between the Company and the User.
2. Regardless of monthly or annual payment, the User may cancel the use of the Service at any time, including paid services, but in accordance with Article 10, section 4, the Company shall not refund the usage fee paid by the User.
3. If the cancellation procedure is not made by the method separately stipulated by the Company, the User shall be obligated to pay the fee for the Service in accord accordness with Article 10, and shall not refuse payment on the reason that the use of the Service has been suspended or discontinued arbitrarily.

Article 13 (Attribution of Rights)

Ownership of various information registered by the User in the Service shall belong to the User.

Article 14 (Prohibited Matters)

1. The Company prohibits users from doing the following acts when using the Service.

(1) Acts that cause damage to the Company or a third party.
(2) Acts that infringe on the property, honor, privacy and the like of the Company and a third party.
(3) Acts that violate laws and regulations.
(4) Acts of providing false registration matters to the Company.
(5) The act of transferring the right to use the Service to a third party.
(6) Acts that infringe on the intellectual property rights of the Company and third parties.
(7) The act of transmitting, displaying, or selling images, videos, audio, documents and others equivalent to obscenity, child pornography, or child abuse.
(8) The act of transmitting information about the heterosexual dating. (9) Acts of conducting businesses stipulated in the Act on Regulation of Entertainment Business and Optimization of Business and others or conducting business in industries similar to these, or the act of viewing or transmitting information about such business to a third party using the Service.
(10) Acts of using any program that adversely affects the target equipment, third-party networks, servers, and the like.
(11) The act of illegally accessing the target equipment, reverse engineering, or illegally rewriting or erasing accumulated information.
(12) Acts of transmitting or posting harmful programs such as viruses.
(13) Other acts that the Company deems inappropriate.

2. If the User violates the prohibited matters stipulated by the Company, the Company may unilaterally suspend the use of the Service regardless of the presence or absence of damage, delete information related to the acts applicable to each of the items of section 1, and request compensation from the User for damages incurred by the Company.

Article 15 (Suspension of Service)

1. In the event of periodic or urgent maintenance of the system, failure of telecommunications equipment or software installed by the Company, or other avoidable reasons, the Company may, at its discretion, discontinue or suspend the provision of the Service in whole or in part without requiring prior notice or consent from the User.
2. In addition to the preceding section, the Company may suspend or terminate all or part of the Service for business, technical, or other reasons. In this case, the Company will notify the user in advance.
3. The Company shall not be liable for any damages incurred by users or third parties for failing to provide the Service due to discontinuation or suspension under the previous two sections. Provided, however, that this does not include usage fees corresponding to the number of unavailable days (rounded down by less than one day) and the amount equivalent to the consumption tax.

Article 16 (Disclaimer)

1. The Company shall not be liable for any defects in the Service, suspension of the Service, deletion of information, change of information, termination of the Service, and damage to users or third parties caused by such defects, except in cases of willful or gross negligence. In addition, even if the Company is liable for damages against the User notwithstanding this section or any other provision that indemnities the Company's liability for damages due to the application of the Consumer Contract Act or other reasons, the Company's liability shall be up to the total amount of the usage fee of the Service actually received from the User in the past six months period retroactively from the time the cause of the damage has been caused. Provided, however, that the upper limit shall not apply if it is based on the company’s intentional reasons.
2. The Company is not obligated to monitor the Service. The Company shall not be liable for any damage to users or third parties caused by the user's use of the Service, except in cases of willful or gross negligence.
3.We may disclose information or delete information from users who have performed prohibited acts. In doing so, the User. shall not be able to object to the actions taken by the Company. In addition, the Company shall not be liable for any damage caused to users as a result.
4. The Company does not guarantee that the Service will be compatible with the specific purpose assumed by the User and that it will be commercially useful.
5. The User shall investigate whether the use of the Service violates the laws and regulations applicable to the User, the internal rules of the industry association and others based on his / her responsibility and expense, and the Company does not guarantee that the user's use of the Service conforms to the laws and regulations applicable to the user, the internal rules of the industry groups and the like.

Article 17 (Dispute Resolution)

1. The User shall handle and resolve any damage to a third party due to reasons at his / her own responsibility due to the use of the Service, or if a claim and others is made by a third party at his / her own responsibility and expense. The same shall be true when the User suffers damage from a third party due to the use of the Service, or when a claim and others is made to a third party.
2. Information provided or transmitted by users using the Service is provided at the user's responsibility, and the Company shall not be liable for the content and the like.
3. In the event of a dispute in which any claim is made or an appeal is filed against the Company by the user's customer or a third party regarding the operation of the User's website, the User shall resolve the dispute at his / her own responsibility and expense, and shall not cause any inconvenience to the Company.
4. If the User causes damage to the Company intentionally or grossly negligently, the User shall compensate the Company for the damage.

Article 18 (Cancellation of User Registration)

1. If the Company determines that the User falls under any of the following, the Company may immediately suspend the provision of the Service in whole or in part or cancel the User Registration without requiring any notice or notice to the User.

(1) When the Company violates these Terms of Use and others and the Company has issued a notice of correction of the violation and the like, and it has not been corrected within a reasonable period of time.
(2) In case of suspension of payment or insolability to pay.
(3) If a bill or check is not passed.
(4) When there is a claim for a foreclosure, provisional foreclosure payment or auction, or when a delinquent disposition of a public tax is received.
(5) When a complaint is filed for the start of bankruptcy initiating proceedings, the start of civil rehabilitation proceedings, the start of company rehabilitation proceedings, and the start of special liquidation.
(6) When a business license is revoked, suspended, or otherwise disposed of by a supervisory authority.
(7) When a resolution is made for dissolution, reduction of capital, transfer of all or part of the business and the like.
(8) In case of death.
(9) If you have not used the Service for more than one year.
(10) When the Company is unable to contact the User for more than 20 days.
(11) When acting in any of the following acts, Article 14, Section 1.

2. Notwithstanding the preceding section, the Company may cancel the user registration to the User if it finds it difficult to continue these Terms of Use.

3. The Company may cancel the user registration by notifying the user in advance, regardless of the reason.

4. If the user registration is canceled in accordance with this Article, the period of use shall be terminated naturally.

Article 19 (Consignment to a Third Party)

The Company may entrust all or part of the business related to the provision of the Service to a third party.

Article 20 (Notice)

Notifications from the Company to users shall be in writing, by e-mail and the like and the notification method shall be able to be selected based on the judgment of the Company.

Article 21 (Confidentiality)

1. In these Terms of Use, "Confidential Information" means all information "excluding the following" regarding the Company's technology, sales, operations, finances, organization, and other matters that the User has provided or disclosed in writing, oral or recorded media and the like from the Company in connection with the Use Agreement or the Service.

(1) Information that has already been publicly known or already known when provided or disclosed by the Company or when it is known.
(2) Information made known by publications and others due to reasons that can not be at their own recurs after providing, disclosing, or knowing from the Company.
(3) Information obtained legally without being obligated to maintain confidentiality by a third party authorized to provide or disclose.
(4) Information confirmed in writing by the Company that confidentiality is not necessary.

2. The User shall use the Confidential Information only for the purpose of using the Service and shall not provide, disclose or leak the Company's confidential information to a third party without the written consent of the Company.

3. Not subject to the provisions of section 2, you may disclose confidential information based on the order, request or request of law, court or government agency. Provided, however, that in the event of such an order, request or request, the Company shall be notified to that effect promptly.

4. Whenever requested by the Company, the User shall return or dispose of the confidential information and any other recording media containing or containing the confidential information and all copies thereo without delay, in accordance with the company's instructions.

Article 22 (Transfer of Position under these Terms and the like)

1. The User may not assign, transfer, secure, dispose or take other actions of any position under the Service Agreement or any right or obligation under these Terms of Use to a third party without the prior written consent of the Company.
2. In the event that the Company transfers the business related to the Service to another company, the User shall be able to transfer the status of the service agreement, the rights and obligations under these Terms, and the user's registration information and other customer information to the assignees of the business transfer in advance in this section. The business transfer stipulated in this section shall include not only the normal business transfer, but also the company split and any other cases in which the business is transferred.

Article 23 (Full Agreement)

These Terms constitute the entire agreement between the Company and the User with regard to the matters contained in these Terms and shall take precedence over the prior agreement, statement and understanding between the Company and the User with regard to the matters contained in these Terms, whether oral or in writing.

Article 24 (Possibility of Separation)

Even if any provision or part thereof of these Terms is determined to be invalid or unenforceable by the Consumer Contract Act or other laws and regulations, the remaining provisions of these Terms and Conditions and the rest of the provisions determined to be invalid or unenforceable shall remain in full force and effect.

Article 25 (Survival Provisions)

The provisions of Article 4, Section 2 and sections 4, Article 5, Item 3 and Item 4, Article 8, Article 9, Article 11, Article 12, Sections 2 and 3, Article 14,Section 2, Article 15 Section 3, Article 16, Article 17, Article 18 Section 4, Article 21 to Article 26 shall survive within a reasonable period of time after the termination of the Use Agreement.

Article 26 (Governing Law and Jurisdiction)

These Terms of Use shall be interpreted in accordance with the laws of Japan, and if it is necessary to resolve them by litigation, the Tokyo Circuit Court or the Tokyo District Court shall be the exclusive jurisdictional court of the first instance.

Last modified: Jan 20, 2021